Spanish lesbian to seek damages over Franco persecution

A Spanish lesbian imprisoned during the final days of the Franco regime for being a "danger to society" has become the first woman to seek damages from the government for the persecution she suffered because of her sex-orientation.

Homosexuality was designated as an offence under the 'law against delinquency and criminals' introduced in 1954, during Franco's regimePhoto: AFP

Identified in court papers by only her initials, MCD, the 54-year old woman presented her case to a judge last week under a 2009 law aimed at compensating those who suffered repression during the military dictatorship.

She was arrested in 1974, aged just 17 years old and after a trial in which her state appointed lawyer offered no defence and was sentenced to between four months and three years in prison to undergo "a programme of re-education".

Homosexuality was designated as an offence under the "law against delinquency and criminals" introduced in 1954.

But towards the end of Franco's regime, it was increasingly viewed as an illness rather than a crime and many were sent to mental hospitals to undergo electric-shock therapy.

Describing her ordeal, MCD said: "A group of plain-clothes police came up to me in the street and that was that. I have spent my life since then trying to forget what happened, and to overcome the ordeal."

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"I was held for months and interrogated. I didn't know what was going on," she said.

The court's report from the time of her arrest reads: "The daughter of an honourable family, MCD shows clear signs of homosexual orientation, and has had impure relations with another young woman whom she dominates, pursues and attracts.

"She is a rebel and disobeys her family and threatens them when they try to correct her and bring her up properly. She is a danger to her family and to society."

Antoni Ruiz, the president of the Association of Ex-Social Prisoners and the first gay man to win compensation from the state when in 2009 he was awarded 4,000 euros, applauded MCD for bringing her case.

"We hope that this case will encourage other lesbians who were locked up at that time in prison or mental asylums to take action to get their dignity back," Mr Ruiz told Spain's El Pais newspaper.

According to the association, some 4,000 people were imprisoned for "the crime of homosexuality" under the regime. Many have since died and only a handful of compensation cases have been successful.

The Commission for Compensation of Former Social Prisoners, the body that reviews damages claims under the auspices of the Finance Ministry, will decide on MCD's case.

She insists that financial recompense is not her motive and simply wants recognition of the injustice she and others like her suffered.